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(영문) 인천지방법원 부천지원 2018.04.16 2018고단76

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 4, 2017, the Defendant committed the crime on April 4, 2017: (a) around 18:40 on April 4, 2017, the Defendant committed an indecent act by coercioning the victim’s her her son with her blopon in the upper part of the victim C (V, 25 years old) at the time of arrival in B located in the front-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu around the time of arrival in B.

2. On September 4, 2017, the Defendant committed a crime on September 4, 2017, the Defendant committed an indecent act by coercioning the victim’s left her son by making her son’s son’s son’s son’s son’s son’s son’s son around 08:40 on September 4, 2017, in the front line of Seoul, where around 08:40 on the front line (Seoul, No. 7) and immediately before her son’s son’s son.

Accordingly, the Defendant committed an indecent act against the victim on two occasions within the electric car, which is a means of public transportation.

[Defendant and defense counsel asserts that there is no fact that the defendant committed an indecent act against the victim as stated in the facts charged.

However, the victim took an oath as a witness in this Court, and the defendant committed an indecent act on himself at the time and place stated in each facts charged.

The detailed statement was made.

The statements about the defendant's specific attitude of indecent act, the circumstances before and after the case, and the emotional testimony and behavior that the victim saw, etc., are consistent with the statements made by the investigative agency after being investigated.

The content was false and tending without direct experience.

It is born, detailed and specific to the extent that it can not be seen.

In light of the court's attitude to make a statement, the statement is sufficiently reliable.

As the victim does not have any means to request the defendant to reach an agreement, the victim cannot find any motive to make a false statement of sexual crime damage in order to mislead the victim to be punished for the crime of false accusation and perjury, and to mislead the defendant.

Therefore, the fact that the defendant commits indecent acts against the victim as stated in its reasoning is sufficient.